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Old 04-27-2017, 06:50 PM
Paulson1371 Paulson1371 is offline
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Default Can someone clarify this for me? Illegal sentence?

I have heard a lot about this and my husband is getting close to his release date....he has 4 years left but he falls under the category in the article....I don't really understand what is going to happen now. Here is the link....

http://www.azcentral.com/story/news/...ency/99316310/

It is a long article....sorry
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Old 04-27-2017, 08:03 PM
CenTexLyn CenTexLyn is offline
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Nobody will likely know until the first becomes eligible under the provision of the sentence. Litigation right now would fail because the issue is not yet ripe. The Court's would adopt the position that, until the date was reached AND the offender rejected for parole consideration, they lack standing.

And, pursuing the standard Ineffective Assistance of Counsel track, the writ would also fail now because it is unlikely that anyone is going to remember how they advised a client 20-plus years ago AND the offender is apt to have issues persuading the Court of any likelihood that the only reason they didn't risk a capital trial is because of a promise of parole consideration.
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